### Shawn Simpson CEO Boutique Air 548 Market St. Ste 73298 SanFrancisco, CA 94104 February 5, 2016 Office of

### the ChiefCounsel 

# RECEIVED FEB 08 2016 

## PART16DOCKETS

Attention: FAAPart 16 Airport Proceedings Docket AGC-610 FederalAviation Administration 800 IndependenceAve., SW WashingtonDC 20591
DearFAA Part 16 AirportProceedings Docket: 

### BOUTIQUEAIR

I hereby certifY that 

### I have tllis day served the foregoing Part 16 complaint onthe following persons atthe following addresses by mail: Clark CountyDepartment of Aviation

- McCarran InternationalAirport Rosemary Vassiliadis, Director ofAviation; (702) 261-5211

Philip Detmer, Aviation Affairs Manager; (702) 261-4224 James Chrisley, Deputy Director ofAviation, Operations; (702) 261-5321 DarlaHook, Aviation Contract Specialist; (702) 261-4697 P.O. Box 11005, Las Vegas,Nevada 89111-1005 Datedthis 5thday ofFebruary, 2016.

### To Whom It May Concern, This letter is issuedto formally serve as BoutiqueAir's complaintfiled under Part 16 against: McCaiTan International Airport As a resultofthe McCananInternational Airport's noncompliance withthe Airport Improvement Programprovisions under the Airport andAirway Improvement Act, Boutique Air'sbusiness and passengers havebeen directly and substantially affected. Pursuantto 14 CFR §16.21, Boutique Airhas made substantial and reasonable good faith efforts to resolve the disputedmatter informally priorto this filing. Despite several months ofdiscussion with the McCananInternational Airport (initiated inOctoberof2015), no reasonable prospect tor

### a practical and timely resolution ofthe dispute has been presentedto Boutique Air. These efforts to resolve infi:.lrmally were conducted recently via e-mail correspondence, andare demonstratedin the attached pages. Firstly, we will demonstrate why we believe McCarran International Airport to be inviolation ofthe Airport and Airway Improvement Act, substantiate the allegations, describe the direct and substantial affects incurredto Boutique Airand its customers. The provisions which we believe Clark County to be in violation ofare the Grant Assurances provided underthe Airport Improvement Programas dictated by the Airport and Airway Improvement Act. The McCananInternational Airport is a recipient ofAirport Improvement Program funding (having received $109,663,454between 2010-2015) and, as such, is bound to grant assurances webelieve themto be inviolation of, specifically including the assurance of Economic Nondiscrimination, detailed below:

22. EconomicNondiscrimination. A. It

### will make the airport available as an airport for public use on reasonable terms and withoutunjust discriminationto all types, kinds and classes ofaeronautical activities, including commercial aeronautical activities offering services to the public at the airport. E. Each air canier using such airport (whether as a tenant, non-tenant, or subtenant of another aircaniertenant) shall be subjectto suchnondiscriminatory and substantially comparablerules, regulations, conditions, rates, fees, rentals, andothercharges with respectto facilities directly and substantiallyrelatedto providing airtransportation as are applicableto all such air carri.ers whichmake similar use ofsuchairport and utilize similarfacilities, subjectto reasonable classifications such as tenants or non-tenants and signatory carriers and non- signatory caniers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airportprovided an air canier assumes obligations substantially similarto those already imposed onair carriers in suchclassification or status. According to the grant assurances specifiedabove, Clark County has an obligationto make the McCarran International Airportavailable for all types andclasses ofaeronautical activities,

### basedonreasonable terms, and without unjusteconomic discrimination. This should include BoutiqueAir. However, McCarrandoes nothave flexible rates and standardsto accommodate a small air carrier within a non-sterile area (nor in a sterile one, were weto after

### that type of service). Withinthis constrained environment, we have tried to negotiate with the airport for space and fees that fit the operational needs ofBoutiqueAir. Theirrefusal to negotiate upon a reasonable tum fee for the size ofour operationis, in ourbelief a violation ofthe grant assurances specified above. To detail this specifically,the McCarran International Airport proposesto charge us the exact samerate as a 737 narrow bodyjetwith 150 seats. This rate is not economicallyproportionate or feasible for us with our 8passenger aircraft. The amountthey want to charge us pertumis $462.50. Ifwe have a 50% load factor of4 passengers each paying $100, our total revenue for a flight might only be $400, not even covering the tum cost, not to mention ourpilots, fuel, maintenance, customer service agents, and the purchase ofourairplanes. The single fee detailedabove (notincluding additional fees imposedby the airport for badging, lease agreements, etc.) is economically discriminatory for a small-sized, co111111unity airline. McCarranproposes to charge us inexcess of$27,750 permonth ($462.50 pertum, with two scheduledturns per day, calculated over 30 days), simply for these ramp fees. By contrast, the landing fees permonthat Los Angeles International Airport (thethird largest airport inthe U.S., and the fifth largest inthe world by passengertraffic) are only $2,907 per month; roughly one tenthofthe cost. While every airport structures its fees differently, our total monthly expenses for every fee owedto the Los Angeles International Airporteachmonth do not exceed $11,484.96; this amount is still a fraction ofthe costs forjustramp fees at McCarran (notto mention additional expenses). Every single airportwe operate at, including LAX, PHX, DFW, BNA, DEN, and OAK, have provided us with a financially feasible way to nmour operations at theirrespective locations. Ifsome ofthe world'slargest airports can still feasibly accommodate our operation under the assurances that dictate their receipt ofAlP funding, surely McCarran can 

### too: Since initiating operations onNovember 1, 2015, BoutiqueAir has been directly and substantially impactedby the McCarranInternational Airport's lack ofability to provide us with aneconomically feasible option for operating in a non-sterile fashion. Afterbeing denied access to Atlantic Aviationby McCarran International Airportrepresentatives Philip Detmer andDarla Hook, andhaving already soldhundreds oftickets, Boutique Air was forced to divert flights to the only economically feasible location; Henderson Executive Airport. We were immediately forced to hire additional staffand purchase a shuttle vehiclefhat could accommodate the 20-30 minute drive from Henderson to McCarran in orderto accommodate ourpassengers,resulting in fhe accrual ofthousands ofdollars in additional expenses andanexceptionallypoorexperience for customers, who are unableto make tightconnections due to the transit time between Henderson and McCarran (subsequently resulting inthousands ofdollars oflosses for our passengers). As such, the inability to operate from LAS presents a major financial hardship for us, butalso for ourpassengers, who are forced to change or cancel connecting flights due to the addedtransittime. the documentation attached inthe forthcoming pages attests to our good faith effortsto resolve

### thisissue withthe McCarran International Airport. Mostimportantly, we would like to pointto the following effortto identify a solution for ouroperation at McCarran:
From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Tuesday, January 19,2016 6:50PM To: Phillip Detmer Cc: BenCzyzewski; Chris Jones; James Chrisley; MichaelBennett; operations@boutiqueair.com; Dennis Anderson; Scott Kichline Subject: RE: BoutiqueAir- LAS Operational Policy and Procedures Phillip, Thankyouvery muchfor the tourtoday. It was extremely helpful to me and my stafi. I believe the non-sterile optionwe reviewedtoday would work. We cancertainly try 

### it. Theonly thingholding us back(as mentioned) isthe disproportionate fees which substantiallypenalize a small aircraft such as ours. Giventhat ourbrand (and customers) continue to bedistressed by the current situation, we would very muchlike to get 

### itresolved inwithin a few days. Please do letus knowwhat canbe done. We cancertainly appeal to the FAA ifyoufeel there is nothing that canbe done. Thanks again, Shawn OnFri,Jan 22, 2016 at 2:06PM, Phillip Detmer <PhillipD@mccarran.com> wrote: Good afternoon Shawn, 

### [

# ...] There is nothing thatcanbe done aboutthe currentrates and fees, as these rates have already beenreviewed and approvedbythe Airline Airport AtiairsCommittee (AAAC) andour ClarkCounty Board ofConunissioners. All Airlines operating at McCarran are requiredto pay the currentrates and fees listed under Title 20 ofthe Clark County Code. Thenext AAAC meetingwill 

### be held sometime in

### ApriVMay, butany changesto the rates will notbe effective until July 1, 2016. So, you will need to decide ifthis will be an issue for your start-up at LAS. [

# ...] Thankyou,

### Phillip A. Detmer AviationAffairs Manager McCarran International Airport P.O. Box 11005, Las Vegas, NV 89111-1005 Office: (702) 261-4224 j 

### Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com 

## Iwww.mccarran.com
It

### is clearfrom the above correspondence thatMcCarran is tmwilling to provide us withan option to fly into the airport in afashion that is not economically prohibitive for our operation. We repliedto Mr. Detmer's comments by suggesting several alternatives:
From: Shawn Simpson <shawn@boutiqueair.com> Date: Mon, Jan 25, 2016 at 1:32AM Subject: Re: Boutique Air- LAS Operational Policy and Procedures To: Phillip Detmer <PhillipD@mccarran.com> Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Michael Bemtett <Michae!B@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Demtis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> Phil, Ok--thanks for the info. All very helpful to know. So as much as we would like to be able to start operations, paying the same turn fee as a 737 simply does not workeconomically. While itwouldbe nice ifwe could wait several months to see how the meetings go, our brand is experiencingreal damage, as is our operation. Ourpassengers are suffering from this situation. We simply cannot wait. Ihave afew suggestions: 1) allow usto operatefrom the FBO until the

### proportionate pricing matter can be resolved 2) have an emergencymeeting to come

## up withprpportionate pricing 3) waivethe turnfees for us as aone.

## tin1e anomaly giventhe size ofouraircraftand 

### inrecognitionthat

### itis simply not fairtocharge us the same fee as a737. Ouraircrafthas 8

**~ats** 

### forpassengers, versus 

## 1

**~9~189** 

### passengersfor a modern 737. This is between21 and 23.6 timesmore expensive for us than competitors perseat.

### AsI knowyouhave already discussedthis internally andtherehasbeen noprogress made onthe subject, I'll go ahead anddiscuss withthe FAAto seewhatthey have to 

### say. Like I said, I wishwe couldhang outandwait, butthissituation

### has already gone on muchmuchlongerthanwewouldhave liked andwecannotaffordthe ongoing strains itisputting onour small operation. Ifyoubelieve thatyoumightbe ableto swing any ofthe above suggestionsI made pleasedo letus know. Best, Shawn
No representative ofMcCarranInternational Airporthasresponded positively to oururgent request, articulated above. We have been actively pursuing a resolution to this matter since November 2015, and after several months, it appears that McCarranis stillunable to provide us with an optionto operate in a mannerthat canbe considered non-discriminatory. The full documentation ofall ofour written correspondence withMcCarran officialsis detailedinthe final pagesofthis complaint. Webelievethe airport is inviolation ofthe AirportandAirway ImprovementAct, and thatas a result, ourbusinessmodel and passengerscontinue to suffer negative impactsfinancially while ourbrand image is tarnished viathe denial ofeconomically feasible means ofoperating atLAS as articulatedto usby the airport'sofficials. It is our request that the FAA intercede atthistime in a forn1al manner, so thatwe can arrive at a solutionthat allows ouroperationfeasible andfair access to the McCarranInternationalAirport. Thankyoukindly for yourattention.
Sincerely,

Shawn Simpson, CEO Boutique Air

# BoutiqueAir & 

# McCarran International Airport FullDocumentedCorrespondenceDate: Fri, 26 Jun 2015 13:15:40-0700 Subject: Boutique Air 

### I McCarran From: Shawn Simpson <shawn@boutiqueair.com> To: phillipd@mccarran.com, "operations@boutiqueair.com" <operations@boutiqueair.com>, Director@mccarran.com, "legal@boutiqueair.com" <legal@boutiqueair.com>, dot@boutiqueair.com, DeputyDirector@mccarran.com

Dear Mr. Detmer, Mz. Vassiliadis, and Mr. Waters, I recently received a phone call from Mr. Dan Laliberte ofQuail Air center. He informed me that the Airport had contacted him to let him know that they had heard that Boutique Airwas going to be initiating flights into McCarran and that scheduled flights should not be going into the GA side ofthe airport. Boutique Air is a Part 135 Commuter airline authorized for charter and commuter airline operations. We have already conducted both charters and scheduled service into and out ofthe airport at various times since 2013. Our operations in and out ofVegas are non-sterile and this is the type ofoperation for which our customers have shown a strong preference. While we are not especially particular about needing to operate in and out ofthe Quail Air Center per se (although we do have space rented there already), we would need to be provided an alternate location at the airport with which we can conduct the non-sterile flying operations and product that our customers are accustomed to. While a private airport certainly has the right to dictate the type of operations that are allowed to take place, a federally funded airport using the money of the US Taxpayers through the AlP program is not allowed to discriminate against operators regardless ofthe type or size of the operation. It seems that McCarran is very much a recipient of these funds (north of $20MM in 2014 alone) if I'm not mistaken and therefore does have the responsibility to accommodate ourtype ofoperation.

As I mentioned, we have had space at Quail Air center rented since early 2014 and intend continue to use that for our operations. Ifyou do not want non-sterile scheduled operations taking place at our current leased space, then please do propose an alternate plan that is in line with the requirements ofAlP funded airports and at costs thatare fair and proportionate based on the type of aircraft we fly (Pilatus PC-12, 8 passenger) and the number of passengers we are going to be transporting.

Thank you, Shawn
Shawn Simpson CEO Boutique Air 548 Market Street ste 73298 San Francisco, CA 94104 office: 415.449.0505 x243 fax: 415.738.7671 email: shawn@boutiqueair.com

### From: Phillip Detmer <PhillipD@mccarran.com> Date: Wed, Jul1, 2015 at 8:03AM Subject: RE: BoutiqueAir j 

### McCarran To: ShawnSimpson <shawn@boutiqueair.com>
Good morning Shawn, Sorry, Iwas outofthe officethelasttwo days, butIjusttriedto callyouroffice. They saidyou are outoftown. I cangive you a call onMondaytotalkaboutyourproposedoperation. Thankyou, PhillipA. 

### Detmer AviationAffairs Manager McCarranInternationalAirport P.O. Box 11005, Las Vegas, NV 89111-1005 Office: (702) 261-4224 

## ICell: (702) 401-6888 

## IFax: (702) 261-5050 phillipd@mccarran.com 

## Iwww.mccarran.com---------- Forwarded message ---------- From: Shawn Simpson <shawn@boutiqueair.com> Date: Tue, Oct 13, 2015 at 1:45PM Subject: Re: Boutique Air 

### I McCarran To: Phillip Detmer <phillipd@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Director@mccarran.com, "legal@boutiqueair.com" <legal@boutiqueair.com>, dot@boutiqueair.com, DeputyDirector@mccarran.com

Dear Mr. Detmer, Mz. Vassiliadis, and Mr. Waters, Unfortunately, it is now necessary that Ifollow up on my previous email with the message from *June*. In response to my previous email of*three months ago* I received an email from Phillip Detmer that he would like to discuss the situation. After a couple weeks we connected and and he told me that because we were a part 135 operation we need to operate out of one of the FBOs and not out of Quail. Nonetheless, he told we that one of the FBOs was the place for us. Honestly, we don't really have a problem operating out of one ofthe FBOs or Quail (where we have been atenant for a long time). Just today, howeverwe were told that Darla Hook rejected the proposed lease for us to be a tenant ofAtlantic Aviation. I have never spoken with Darla Hook that I am aware of, but it sounds like she or someone she works with has not giving us appropriate paperwork we need to get our operation set at McCarran. So that everyone is on the same page, I would like to make clear: Boutique Air is going to be fiying into McCarran non-sterile in just a few weeks and have been trying to get this squared away for three plus months. I am very much beginning to feel that we are being discriminated against based on the type and size aircraft that we are flying, which is the Pilatus PC 12 in a part 135 non-sterile operation. Can someone in a leadership position at the McCarran Airport please confirm for me that the Airport wouldindeed be pleased to have us operating out of their Federally funded AlP airport and are going to help our part 135 non-sterile operation conduct operations without being discriminated against based on the type of operation and size aircraft? I also have a responsibility to keep our passengers informed as to some ofthe details of our operation. The lack of clear communication is starting to have a negative effect on the flying public in this case. Iffor some reason McCarran is exempted from the non-discrimination rules ofAlP funding then please do let me know. Best, Shawn

### ---------- Forwardedmessage---------- From: 

### Phillip Detmer <PhillipD@mccarran.com> Date: Thu, Oct 15, 2015 at4:03PM Subject: RE: BoutiqueAir 

## fMcCarran To: ShawnSimpson <shawn@boutiqueair.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>,McCarran Director <director@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>,McCarran DeputyDirector Operations <deputydiroperations@mccarran.com> Cc: Darla Hook <DarlaH@mccarran.com>

DearMr. Simpson We arein receipt ofyour email, datedTuesday, October 13, 2015, regardingyourproposedPart 135 service to McCarran InternationalAirport (Airport). Pleasebe assuredyour company and proposed operationis notbeingdiscriminatedagainst. Your statementthattheAirportrejected your proposed lease with Atlantic Aviation is not correct. Our office never received any proposedlease for reviewfromAtlanticAviation. Based onthe informationyouoriginallyprovidedus inJune, we recommendedyoucontactthe Fixed Based Operators (Signature Flight Support and Atlantic Aviation) on the West Side Airfield. Our Airport Operating Directives 01-1-R003, Section 1(M), entitled Charter Flights, states that all flights that operate under FAA Part 91 (non-commercial), Part 125 (non-commercial-large aircraft), and Part 135 (on demandcharters) mustuse oneoftheWest Side FBO's. Part 135 operations are notallowedtobeconductedinaprivatelyownedhangaror other privately leased area at an FBO. A link to theAirport's Operating Directive is provided belowfor yourreference: https://cms.mccarran.com/dsweb/Get/Document-271106/Airside%2oOperations%2o-%2oOpe rating%2oDirective%20-%2010-1-13.pdf Typically no permission is required for Part 91, Part 125, or Part 135 flights at the West Side FBO's. We do allow on-demand Part 135 charters atAtlantic Aviation. However, after more information was gathered onyour proposed operation, it appearstheseflights will actuallybe scheduled service, andis currentlypublishedinthe OAG. TheFBO's areawarethatthistypeof operation is notpermitted attheirfacilities undertheirexisting LeaseAgreements. Scheduled flight service needstobehandledfromtheAirportTerminalComplex. I can appreciatethe confusion, butwe wereworking underthe suppositionthatyour proposed service was going to be on-demand Part 135 service. It 

### now appears this is really scheduled service. As 

### such, we canlookat accommodatingyour operation outofTerminal!. Wesuggest

### scheduling a meeting withyour team as soon as possibleto coordinateyour start-up. Attached is a copy ofourNewAir Service Start-UpRequirementsHandbook,whichincludesinformation to help answer questions about operating atMcCarranAirport anditalsooutlinestheitemswe will need. Pleaseletmeknowwhenyou andyourteam are available tomeet. Thankyou, 

### PhillipA. Detmer AviationAffairsManager McCarran InternationalAirport P.O. Box 11005, LasVegas, NV 89111-1005 Office: (702) 261-4224 

## ICell: (702) 401-6888 

## IFax: (702) 261-5050 phillipd@mccarran.com 

## Iwww.mccarran.com---------- Forwarded message ---------- From: Shawn Simpson <shawn@boutiqueair.com> Date: Tue, Oct 20, 2015 at 4:48 PM Subject: Re: Boutique Air 

### I McCarran To: Phillip Detmer <PhillipD@mccarran.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Director <director@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, Darla Hook <DarlaH@mccarran.com>

Dear Mr. Phillip Detmer, Mz. Vassiliadis, and Mr. Waters, I am not sure how it is possible for any ofyou to confuse the kind of operation that we are conducting. In my email dated June 26th addressed to the three ofyou these are the first few sentences: "I recently received a phone call from Mr. Dan Laliberte of Quail Air center. He informed me that the Airport had contacted him to let him know that they had heard that Boutique Airwas going to be initiating flights into McCarran and that scheduled flights should not be going into the GA side ofthe airport. Boutique Air is a Part 135 Commuter airline authorized for charter and commuter airline operations. We have already conducted both charters and scheduled service into and out ofthe airport at various times since 2013. " Since I very clearly state that the issue is that we are being told that we are being told that we can not use the GA side ofthe airport for scheduled service in my email on June 26th what you are now doing is telling me that no one on your team understood my email and you are now repeating your policy to me. I do not appreciate this approach because you are giving us the run-around.

Part ofthe reason that our company is successful is because we very much focus on quality We do not like to operate in obscure shades ofgrey. I NEED A CLEARANSWER TO THE QUESTION: FROM WHERE CAN OUR NON-STERILE PART 135 AIRLINE OPERATE OUT OF MCCARRIN AIRPORT? YOU MENTION OPERATING OUT OF TERMINAL 1. IS IT POSSIBLE TO RUN NON-STERILE OPERATIONS FROM THAT LOCATION? I DID NOT KNOWTHAT WAS POSSIBLE. PLEASE CLARIFY AND CONFIRM THAT THIS IS POSSIBLE.IF WE CAN OPERATE FROM TERMINAL 1 IN A NON-STERILE WAY, WE WILL COME TO MEET AND VIEWTHE PROPERTY WITHIN 48 HOURS OF RECEIVING THAT CONFIRMATION OR AS YOUR SCHEDULE PERMITS. I asked this question about where we could operate three months ago and now we are just a couple weeks away from starting our operations since we were told that we could use the FBO by Mr. Phillip Detmer. Just so that everyone is understanding, we have many paying passengers that are already scheduled to fly in. Because we were told we could use the FBO by Phillip Detmer and now that seems to not be the case we need solutions--perhaps both nearterm and long term. To say that we were not clear from the beginning is something that perhaps the FAA can decide if it comes to that. Our airline status is also clear from ourweb page and wikipedia. We look forward to your prompt response. Best, Shawn

### ---------- Forwardedmessage ---------- From: 

### Phillip Detmer <PhillipD@mccarran.com> Date: Mon, Oct 26, 2015 

### at4:33 PM Subject: RE: BoutiqueAirj 

### McCarran To: Shawn Simpson <shawn@boutiqueair.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Director <director@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, McCarran DeputyDirector Operations <deputydiroperations@mccarran.com>, DarlaHook <DarlaH@mccarran.com>

DearMr. Simpson, As 

### mentioned in your emails, you were notified in June by QuailAir Centerthatyou couldnotoperateyourPart135operationfromyourleasedhangar. Wethenspokewith you in July, and you described your desire tobe able to operate non-sterile Part 135 operations from the West Side Airfield. We explained the policy toyou andwhatyou couldandcouldn'tdo. I repeated thepolicybecauseyouhave alreadybeeninformedthat scheduledservice is not allowed on the West Side Airfield. This is consistent with the information you received from Quail Air Center, Atlantic Aviation andtheAirport in July. This is the whywewerenotcompletelyclearaboutyouroperation. Scheduledservice,publishedin the Official Airline Guide (OAG), andcommercial charteroperations arenotpermitted from theWestSide FBO's. Itis aviolationofAtlanticAviation'sleaseagreementifthey allowedscheduledflight servicesfromtheirfacility. You wantedto know how Boutique Air could operate from theWestSide Airfield as a Part 135 air carrier, so we providedtheinformationonwhatoperations arepermitted. You've hadthis informationsince Julytodeterminehowyoucouldoperate. Regardless ofwhetherweunderstoodyoutobelookingatoperatingPart135 ondemandchartersor a scheduled service, theinformation andpolicyyouwere providedthreemonths ago is the sameinformationandpolicytoday. The statementthatyou'vebeenconductingbothcharter andscheduledserviceintoand out oftheAirport atvarious times since 2013,

### justmeansthatyouhavebeenviolating theterms ofyour sublease agreementattheQuailAirCenter. Inaddition, BoutiqueAir

### does nothaveacurrentClarkCountyBusinessLicenseandyourCertificateofInsurance onfile isnotattherequiredamount. Pleasereviewthefollowing responsestoyourquestions:


### • From where can our non-sterile 

### Part 135 airline 

### operate out 

### of McCarran Airport? As 

### mentioned above, scheduled flight service and commercial charter operationsmustoperatefromtheAirportTerminalComplex. PassengersneedtobeTSAscreenedfromthedepartingcityinordertoarriveand deplane attheAirportTerminal Complex Gate. 

### • Is it 

### possible to run non-sterile 

### operationsfrom the Terminal 1 

### location? No, the passengers needtobeTSA screenedpriorto arriving atthe AirportTerminalComplex Gate. These arethepolicyguidelines onhowyouwill be able to operate atMcCarran. If

### you are determined to run non-sterile Part 135 scheduled flight operations, thenyourbest option will be to utilize the North Las Vegas Airport. Our North Las VegasAirportis locatedjust minutes from downtown Las Vegas and the Strip. It's a convenient and economicalalternativetoMcCarran InternationalAirport. Please letusknowhowyouwishtoproceed. I suggest schedulinga meetingwithyour teamtodiscussyouroptions. We wouldbehappyto schedulethe appointment. PhillipA. Detmer 

### AviationAffairs Manager McCarranInternationalAirport P.O. Box 11005, LasVegas, NV 89111-1005 Office: (702) 261-4224 

# ICell: (702) 401-6888 

# IFax: (702) 261-5050 phillipd@mccarran.com 

# Iwww.mccarran.comDear Director Rosemary 

### A. Vassiliadis: (Clark County Commissioners and interested parties copied) My name is Shawn Simpson, I am the CEO of Boutique Air. I am writing you today about a serious matter: the discrimination that my company, Boutique Air (A United States Air Carrier, DOT Certificate #285A106N), and indirectly, our customers (the public) are experiencing from the McCarran International Airport. As many of us know, McCarran is owned and under the jurisdiction of Clark County, NV. While owned and overseen by Clark County, the McCarran Airport is required to follow federal rules regarding discrimination. Unfortunately, it is not complying with these rules. This discriminatory behavior has started to impact my organization and is on the verge of impacting a great many of our customers, who are mostly just regular people. Before I get into these details I will first provide some background information on our company. I would also like to mention now that I am writing because I exhausted all efforts trying to resolve this in communicating directly with the airport. Being the head of my organization I am now forced to escalate to the those responsible forthe airport and if it comes to it, the FAA and DOT.

In 2009 I started a company called Boutique Air. We began by doing simple air charters in small aircraft eight passenger aircraft. As time passed we applied to the Department ofTransportation to become a certified scheduled United States Air Carrier. In 2014 we won the trust ofthe community of Clovis, New Mexico and were awarded the Essential Air Service contract to connect this small rural community to the rest of the world by way ofthe Dallas Fort Worth International Airport; we continue to operate three flights a daywith great success. The mayor, town council, and citizens of Clovis New Mexico regularly express their satisfaction to us regarding the service we provide to their community. Clovis also has an Air Force Base with many young airmen that serve our country. These men and women also rely on Boutique Air to both visit their friends and family as well as to deploy on military missions.

After our success in Clovis, word about our company spread. Soon the community ofSilver City, New Mexico requested that we fly from their airport. We were given the blessing ofthe DOT and we nowfly Silver City residents and visitors to Albuquerque Sunport International Airport several times a day. In the last six months, seven additional remote and rural communities have come to support us in conjunction with the US DOT to provide regular air service to larger hubs. We now offer flights from fifteen United States Airports, large and small. We have never encountered any resistanceby any airport in conducting scheduled service between smaller communities with larger hubs, until now.

The reason Iwrite you today is because we have been told by the airport that there is no place for Boutique Airto conduct non-sterile operations atthe McCarran International airport. They did add, however, that ifwe were to decide we wanted to conduct a sterile operation then we could operate from Terminal 1. Our non-sterile operations are not welcome, however. The problem is that it is not the place ofa public airport funded by federal tax dollars, to tell an airline what type ofoperations they are willing to accept. It is the duty of a public airport to accommodate all operations that are safe and do not disrupt the normal operation ofthe airport. Somehow none ofthe other airports where we conduct non-sterile operations have a problem with us. In fact, they welcome us.

If McCarran were owned and operated by a private entity then it would certainly have every right to reject us. McCarran, however, is not only afacility that is under the domain of Clark County, but is also subject to myriad federal regulations concerning discrimination against air carriers. More specifically, the FAA Airport Improvement Program (AlP) provides grants to public agencies for the planning and development of public-use airports. Here is a synopsis ofthe grants provided from the Federal Government to McCarran International Airport since 2010: Year AlP Funds 2015 $22,407,834 2014 $26,123,551 2012 $18,284,944

2011 $27,324,703 2010 $15,522,422 

### Use Rehabilitate Runway - 07U25R, Rehabilitate Taxiway Rehabilitate Runway [Phase 1]- 07U25R Rehabilitate Taxiway [Taxiways H& E (replace ACC with PCC)] and Fire Vehicle Purchases Rehabilitate Taxiways and Land Acquisition Rehabilitate Apron and Land Acuisi!ion

Total: $109,663,454 AH Airport Improvement Program Project Funding 2010**~** 2015AlP has been footing a $100,000,000+ bill for runways and other improvements for the past five years. The overall total is hundreds of millions offederal tax dollars over decades. All the specific information required ofan airportwhen it accepts AlP money can be found online at theAlP information website: http://www.faa.gov/airportslaip/ Depite McCarren being the recipientall this Federal Tax money, here is the final response to us from Phillip Detmer ofthe Las Vegas Airport from October 26th, 2015:

"Please review the following responses to your questions:



### ,. From where 

### can our non-sterile Part 135 

### airline operate out ofMcCam:m 

### Airport? As mentioned above, scheduled flight service and commercial charter operations must operate from the Airport Terminal Complex. Passengers need to be TSA screened from the departing city in orderto arrive and deplane atthe Airport Terminal Complex Gate.



### .. Is 

### itpossible to run non-sterileoperations from the Termino/1/ocotion? No, the passengers need to be TSA screened priorto arriving at the Airport Terminal Complex Gate. These are the policy guidelines on howyou will be able to operate at McCarran. Ifyou are determined to run non-sterile Part 135 scheduled flight operations, then your best option will be to utilize the North Las Vegas Airport. Our North Las Vegas Airport is located just minutes from downtown Las Vegas and the Strip. It's a convenient and economical alternative to McCarran International Airport."

In Other words, the McCarran Airport is telling us that we may not operate as the type ofoperation that we are at the McCarran airport. Ifwe want to run a differenttype ofoperation--a sterile operation--then they can and will accommodate us. Ifwe are determined to be a non-sterile operation, he suggests we go to a completely different airport, the North las Vegas Airport. This is exactly the type ofdiscrimination that airports are prohibited from engaging in after they take federal funds to support their ongoing activities as a public airport

Not only does this go against the spirit of a public institution, but it also goes against the AlP Grant Assurances of non-discrimination. They are flat out saying that despite being a scheduled airlinecarrying the public, we should try a different nearby airport No reasoning is given other than it is not inline with the existing airport policy. I have never met Steve Wynn, but I have stayed in his hotels and I think he has a great business. If Steve Wynn would like to fly into McCarren 10 times a day in a non-sterile capacity with 30 of his best friends on his jumbojet he is allowed to do so. This type of privatejet non-sterile use ofthe airport is completely allowed and authorized by the airport. Quite frankly, Ithink that's a perfectly good thing to do. If he ever invited me along I would happilyjoin him. The highly disconcerting thing is that the airport will not allow Boutique Air to fly even once a day an 8 passenger plane into the airport if it is a non-sterile operation (all the privatejets are non-sterile). Wealthy clients could charter Boutique Air and that would be ok, but ifyou do not have enough money to charter and you simply fly on a scheduled Boutique Air flight the airport is saying thatthis is not allowed.
Why is it that the Dallas Fort Worth airport with 50% more operations and 50% more passengers than Las Vegas can handle us flying in non-sterilejustfine, but McCarran says that is not allowed? The same thing is true for the Sunport International Airport in Albuquerque (ABQ). It is probably 50% smallerthan McCarran and we operate there without issue. Today we flew three flights between Dallas and the mostly Caucasian community of Clovis. Nextweek we are initialing flights between Dallas and the mostly African American population of Greenville, Mississippi as well (also non-sterile). What I am hearing though, is that the largely Hispanic community of the Central Valley will not be allowed to fly into McCarren via Merced because Boutique Air is not allowed to come in non-sterile. While McCarran may not explicitly be intending to reduce access to minorities it seems a may be side consequence. Perhaps a second example will help clarify: Boutique Air is in talks with the city ofGallup regarding providing scheduled air service. Gallup currently has no TSA nor are they going to get it any time soon (probably never according to city officials). The Gallup community is very interested in having Boutique Airfly them to a major hub such as McCarren. So when the McCarren Airport says to us that Boutique Air is not welcome to fly non-sterile--they are not only saying no to Boutique Air but also all the communities and people that wantto use our service. Gallup in particular is isolated and primarily a Native American population with no air service at all. Is that the kind of community to which Las Vegas to say "no you are not welcome to fly here"? Part of the idea of being a public Institution is that it is available to all. If McCarran is going to just allowwealthy privatejets and airlines that operate in communities where the TSA exists, then it is no! serving the public--just the part ofthe public that they feel like serving.



### I have attached all the grant assurances required by all airports receiving AlP funds to this communication, but will point out assurance #22A :



### 22. EconomicNondiscrimination. 

### A It (the receiver offunds) will make the airport available as an airport ±orpublic use on reasonable terms and without unjust discriminationto aU types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering servicesto the public at the airport The remainder ofthe economic non-discrimation GrantAssurances canbe found inthe document locatedhere: http://www.faa.gov/air:ports/aip/grant assurances/media/airport-sponsor-assurances-aip.pdf In researching AlPI wondered howlong anairport mustfollowthe AlPrules once ittakes AIP funds. The answer 

### I found to be interesting: The GrantAssurances are ineffect as long 

### as the airport continuestobe an airport. Inother words, once youtake AlP funds youmust always foiiow 

### the AlP rules. McCarranhasbeentaking federal AlP tunds for a longtime and willbe ioreverbeholdento the tenets ofthe

### program.

For reference I have included the full text ofall the correspondence I have had with McCarran airport regarding our non-sterile operations being rejected by the airport. Everyone copied is welcome to read and distribute as they see fit

While you, Mz. Rosemary 

### A. Vassiliadis, the McCarren Airport Director, were copied on all the correspondence I have had with the airport (with Mr. Phillip Detmer) I do not want to make the assumption that you have read and agree with all of his communications regarding the rejection of Boutique Air non-sterile operations. I now ask you, Director Vassilladis, to either confirm that theAirport will not accept Boutique Air operating non-sterile service atthe McCarren airport" Ifthis is the case then it will also confirm that no one from Moab Utah, Gallup New Mexico, Silver City New Mexico, Clovis New Mexico, Los Alamos New Mexico, or any other city without TSA can everfly into the McCarren airport on Boutique Air or any other airline that must or prefers to operate in a non-sterile fashion.
Finally, I will add that I am well aware thaithe Airport has documented policy that rejects Boutique Air's operation 

### as a non-sterile commuter airline as it was referred to quite a few times by Mr. Phillip Detmer in our latest email exchanges (attached). As such, there is no need to pointto the McCarren airport policy again and again because we already know it indicates that scheduled service is not allowed by the FBOs or the Quail Air Center. The issue here is that your airport policy is discriminating against Boutique Air by leaving it no place to conduct operations--discrimination that is only being directed toward Boutique Air by McCarren. The real question is, what are you going to do about it? The policy is ultimately wrilten and approved by the people who control the airport, which is everyone who is copied on this email: The Airport Director and the Clark County Commissioners.

I look forward to your response. Much hinges on it

Best, Shawn Simpson CEO, Boutique Air

### tvk Shawn :>m1pscm BUOTlQUEAIR 5"!8lvlarket Ste

**S~n** CA 94 J04 VIA CEln'rFIED MAIL 91 7!999991 703"1 09976319

OperHtingPermit Reqnh-emcnt• **Conun~reial** B•t>iltes,s Activity al llcnderMOll

**Ex~cn!ivc** Airport

lt has been lo our atlenticm that you nn;: co·nd,,cting comtnerual air service at Henderson Executive Clark Code that all commercial bmiuesscs fmm any ofthe Clark Counl:y /\rmc•J1s ohtain a l'>cnnit or !.case J\rrreerrterrL

Please contact [litr!a Hl;.}(1k at 2015, wishiu pursue an tJIXtanng attention and (n this tnatter.



### PH!LUI' A. DETMER Aviation l'AD:nn Rosernat·vA. Va>siliadi$ Dcnnis /\nderson cow11J' rmmni::;siouers

**J<~mes** Cllrislev 

### Michael !:Jennett Bruce Oaugl1ct1cy Scott Kichline ChrisJones Ht>OkBoutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air 1/28/16, 4:29PM



## Using Henderson Airport for Scheduled Air Service 

## I Boutique Air
Shawn Simpson <shawn@boutiqueair.com> Wed, Nov 11, 2015 at 3:34 PM To: bruced@mccarran.com, operations@boutiqueair.com, McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, McCarran Director <Director@mccarran.com>

Dear Mr. Daugherty, McCarran Airport instructed us to use an FBO for ourscheduled operations in July. Just two weeks before service started (and after we had sold hundreds oftickets) they decided they they had been 'confused' and told us we could not operate anywhere at McCarran Airport in a non-sterile capacity. They suggested we use other nearby airports. We are quite upset about getting the run around from McCarran, and many ofour passengers are downright furious. This is not how federally funded airports are supposed to behave. It has come to my attention that you feel we need an operating permit from a Clark County entity. Since all ofour communications are needing to be documented for the record at this point in light ofour treatment and resulting damage to our brand and customers' experience, I am asking that you put in writing to us the documentthat you belive we need to operate in this sub-par manner (i.e. continuing to fly in and out of Henderson Airport). Iwant to make it clear that we are in no way wanting to operate in and out of Henderson, but are doing so to get our passengers to Las Vegas. We are committed to doing the right thing forthe flying public that we serve. Iwill finally add that in the McCarran airline start up document which was provided to us by McCarran, it specifically states that an operating permit is optional and is not required. Please let us know how you would like to proceed as we do our best to deal with this unfortunate situation. Best, Shawn Simpson CEO Boutique Air
Shawn Simpson <shawn@boutiqueair.com> Mon, Nov 16, 2015 at 5:00PM To: bruced@mccarran.com, "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, McCarran Director <Director@mccarran.com>, Phillip Detmer <phillipd@mccarran.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, dot@boutiqueair.com, anthony.garcia@faa.gov, mike.n.williams@faa.gov, dennisa@mccarran.com, benedictcz@mccarran.com, maryfrancesa@mccarran.com, michaelb@mccarran.com, scottk@mccarran.com, ChrisJo@mccarran.com Dear Mr. Detmer: Today I received the attached letterfrom you dated November 9th. Thank you for your communication. From our previous communications and conversations in June and July you are aware that we are operating scheduled service and have sold hundreds oftickets to fly passengers into McCarran underthe assumption
https://mail.google.comjmail/u/O/?ui=2&ik=03c2fb80af&view=pt&q=de
...im 1=151b0b88ff6fdcde&sim1=151 b0be5fa5e4fd7&sim 1=151 b0f44a3d25dfb Page 1of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service I Boutique Air that we would be using Atlantic Flight support (per the recommendation of McCarran). Iwill say again, we are simply interested in operating from Atlantic Aviation in a non-sterile capacity as we do from DFW, ABQ and OAK, among other airports. Since the McCarran Airport has communicated that this type of operation is not possible at McCarran we have been forced to fly our passengers to other nearby airports at the recommendation of McCarran Airport itself. Your letter asks that we contact Darla Hook regarding an Operating Permit. Dear Mz. Hook: As mentioned above, Phillip Detmer recommended we use alternate airports ifwe were going to come into the Vegas area non-sterile. We are doing this out of necessity due to the last minute decision change on the part of McCarran to allow us to use Atlantic. Please consider this a request for an operating permit to use Henderson Airport for our operations given the fact that we have been rejected from McCarran for non-sterile operations. Ifthe McCarran Airport is instructing us to cease all aviation activities in Clark County please do communicate this to me immediately. I can be reached at this email address: shawn@boutiqueair.com and at 650-269-8850. We will need to communicate this to our passengers. I do want to be clear that operating out of Henderson or any airport other than McCarran is not something we are doing by choice. We are already taking hits economically as a result ofgoing unexpectedly needing to go into Henderson. We are doing this for our passengers. Best Regards, Shawn p.s. If McCarran Airport has any communications that are even remotely time sensitive such as the paper letter that you sent to my attention, I am requesting that you also email them to operations@boutiqueair.com so that we can communicate in a more efficient manner.

[Quoted text hidden] Shawn Simpson 

### CEO Boutique Air 548 Market Street ste 73298 San Francisco, CA94104 office: 415.449.0505 x243 fax: 415.738.7671 1/28/16, 4:29PM

https:jjmail.google.comjmail{u/0/?ui=2&ik=03c2fb80af&view=pt&q=de
...iml=151b0b88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151b0f44a3d25dfb Page 2 of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air email: shawn@boutiqueair.com**~** mccaran_to_BA_Ietter_nov_9th.pdf 294K 1/28/16, 4:29PM

Phillip Detmer <PhillipD@mccarran.com> Wed, Nov 18, 2015 at 3:25PM To: Shawn Simpson <shawn@boutiqueair.com>, Bruce Daugherty <BruceD@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, McCarran Director <director@mccarran.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, "mike.n.williams@faa.gov" <mike.n.williams@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Mary Frances Alonzo <maryfrancesa@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>



### Mr. Simpson,

Thankyou foryour email. We are reviewing our Airport Operating Directives and policies to ensure that we are treating Boutique Aireqnitably. Because ofthe forthcoming holiday, it may take us a week ortwo to complete this review and we will be back in touch promptly.
Regards, 

### Phillip A. Detmer 

### Aviation Affairs Manager

McCarran International Airport P.O. Box ll005,Las Vegas, NV 89111-1005 Office: (702) 261-4224 ICell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Monday, November 16, 2015 5:00 PM To: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Phillip Detmer; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; mike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline;
https:/fmail.google.com/mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=d
...iml=151 b0b88ff6fdcde&siml=151 b0be5fa5e4fd7&simi=151b0f44a3d25dfb Page 3 of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air 1/28/16, 4:29PM Chris Jones 

### Subject: Re: Using Henderson Airport for Scheduled Air Service 

## I Boutique Air [Quoted text hidden] Shawn Simpson <shawn@boutiqueair.com> Thu, Nov 19, 2015 at 9:46AM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Bruce Daugherty <BruceD@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, McCarran Director <director@mccarran.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, "mike.n.williams@faa.gov" <mike.n.williams@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Mary Frances Alonzo <maryfrancesa@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>

Mr. Detmer, Thank you for the update. We certainly appreciate your consideration. Indeed, the Thanksgiving holiday does tend to slow everything down. We lookforward to hearing ideas when you are ready to share. Best Regards, Shawn [Quoted text hidden] Shawn Simpson CEO [Quoted text hidden] office: 415.449.0505 x6001 fax: 415.738.7671 email: shawn@boutiqueair.com Phillip Detmer <PhillipD@mccarran.com> Fri, Dec 11, 2015 at 3:44PM To: Shawn Simpson <shawn@boutiqueair.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> 

### Hello Mr. Simpson,
[hope yourThanksgiving holiday was good. We wanted to circle back around with you and provide an update on ourreview ofthe Airport Operating Directives and policies. Do you have time next week to meet or have a conference call with us?

Thankyou,

https:jfmail.google.com/mail/u/O/?ui=2&ik=:03c2fb80af&view=pt&q=d

...iml=151b0b88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151b0f44a3d25dfb Page 4 of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,LasVegas,NV 89111-1005 Office: (702) 261-4224 ICell: (702) 401-6888 IFax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Thursday, November 19, 2015 9:46AM 

### To: Phillip Detmer 1/28/16, 4:29PM



### Cc: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; mike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; Chris Jones [Quoted text hidden) [Quoted text hidden] Shawn Simpson <shawn@boutiqueair.com> Mon, Dec 14, 2015 at 1:30 PM To: Phillip Detmer <PhillipD@mccarran.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> Dear Mr. Detmer, Thank you for writing and I hope you are enjoying the holiday season. We would appreciate the opportunity to discuss how the review ofyour policy has been going. Probably it would be the easiest and soonest to start with a conference call, and perhaps we could meet at the airport at a subsequent time. Here are a few times that work for us: Tomorrow, Tuesday the 14th at 9:30am or 2pm PST Wednesday, the 15th at 1pm or 3:30pm PST Thursday at 1Dam PST Please let us know which time works foryou. If none are good please let us know some times that are.
https://mail.google.com/mail/u/O/?ui=2&ik=03c2fb80af&view"'pt&q=d...iml=151bOb88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151bOf44a3d25dfb Page 5 of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air 1/28/16, 4:29 PM
Thank you. Best, Shawn
[Quoted text hidden] Phillip Detmer <PhillipD@mccarran.com> Mon, Dec 14, 2015 at 4:26PM To: Shawn Simpson <shawn@boutiqueair.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>



### Mr. Simpson,

I checked the calendar and it looks like Thursday, December 17th 

### at 10:00 AM (PST) will work bestfor us. l can set up a conference call-in line and send yon the appointment information.

Thank you, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Monday, December 14, 2015 1:30PM To: Phillip Detmer Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James
https:jjmail.google.comjmail/u/0j?ui=2&ik=D3c2fb80af&view=pt&q=d
...iml=151 b0b88ff6fdcde&simI=151 b0be5fa5e4fd7&siml=151 b0f44a3d25dfb Page6of8Boutique Air Mail - Using Henderson Airport for Scheduled Air Service 1Boutique Air 1/28{16, 4:29 PM Chrisley [Quoted text hidden] [Quoted text hldden] Shawn Simpson <shawn@boutiqueair.com> Mon, Dec 14, 2015 at 4:50PM To: Phillip Detmer <PhillipD@mccarran.com> Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> Mr. Detmer, That sounds good-:we will plan on that time in that case. I did receive the conference call information so we'll look forward to speaking with you then. Best, Shawn [Quoted text hidden] Phillip Detmer <PhillipD@mccarran.com> Thu, Dec 17, 2015 at 8:14AM To: Shawn Simpson <shawn@boutiqueair.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>



### Good morning Mr. Simpson,

Please see attached,for discussion, during our conference call at 10:00AM. We will go overthe different options and explain them for you.
Thankyou, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box llOOS,LasVegas,NV 89111-1005 Oftkc: (702) 261-4224 ICell: (702) 401-68881 Fax: (702) 261-5050 phillipd@'mccarran.com lW\\'W.mccarran.com https:{{mail.google.com{mail{u/0f?ui=2&ik=03c2fb8Oaf&view=pt&q=de

...iml=151 b0b88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151 bOf44a3d25dfb Page 7 of 8Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1Boutique Air

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Monday, December 14, 2015 4:50PM [Quoted text hidden] [Quoted text hidden]**~** LAS Ops Directive Update -Operational Policy and Procedure.pdf 479K
Shawn Simpson <shawn@boutiqueair.com> To: operations@boutiqueair.com

[Quoted text hidden]**~** LAS Ops Directive Update -Operational Policy and Procedure.pdf 479K 1/28/16, 4:29PM

Thu, Dec 17, 2015 at 8:20AM

Shawn Simpson <shawn@boutiqueair.com> Thu, Dec 17,2015 at 9:19AM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>

Good Morning Mr. Detmer, Thank you for sending along this document. We look forward to discussing. Best, Shawn [Quoted text hidden]

https://mail.google.com/mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=d

...i m1=151b0b88ff6fdcde&siml=151 b0be5fa5e4fd7&siml=151b0f44a3d25dfb Page 8 of 8Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM



## RE: Boutique Air- LAS Operational Policy and Procedures Phillip Detmer <PhillipD@mccarran.com> Wed, Jan 6, 2016 at 2:47PM To: Shawn Simpson <shawn@boutiqueair.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>



### Good afternoon Mr. Simpson,

Ihope you had a nice holiday and New Year. I didn'thave an opportunity before the holidays, to gather the additional iHformation we discussed in ourconference call.
During our conference call on December 171 h 

### we outlined the different options for BoutiqueAir,which included I) a sterile operation from the Airportterminal bnilding and utilizing a County gate: 2) a non-sterile option at an off-gate location,with transportation required for the passengers to and from the aircraft through non-sterile areas ofthe Airpmi; and 3) operationfrom one ofthe General Aviation Airpmis (Henderson or North Las Vegas). You had questions aboutthe different options and requested the following additional information:
Signatory Airline Criteria- Please see attached. Current FY 16 Rates and Charges Worksheet- Please see attached. Estimated monthly costbreakdown for each option (see attached). Additional Detailed Maps ofTerminal I and Terminal 3 (see attached). Operating Directivefor Vehicle Operations (see attached).

Please review the attached information and let me know 

### ifyon have any questions or require additional information. Also, we would be happyto schedule a physical walk-through ofthe different options atyour convenience. Please let me know a date/time that works bestfor you.
Thankyou,

https:/{mail.google.comjmail/u/0/?ui=2&ik=03c2fb80af&view=:pt&q=...ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 1 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Thursday, December 17, 2015 9:20AM To: Phillip Detmer 

### Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; operations@boutiqueair.com Subject: Re: Using Henderson Airport for Scheduled Air Service 

### f Boutique Air

Good Morning Mr. Detmer, Thank you for sending along this document. We lookforward to discussing. Best, Shawn

On Thu, Dec 17, 2015 at 8:14AM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

### Good morning Mr. Simpson,

Please see attached, for discussion, during our conference call at 10:00AM. We 

### will go overthe different options and explain them for you.
Thank you,

https://mail.google.com{mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=
... ml=1526b603045f0f4a&siml=1527820633a3f1 04&siml=1527ffba988978ea Page 2 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box ll005,Las Vegas, NV 89111-!005 Office: (702) 261-42241 

### Cell: (702) 401-68881 

### Fax: (702) 261-5050 phillipd@mccarran.com IW\VVv.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

### Sent: Monday, December 14, 2015 4:50PM
To: Phillip Detmer 1/28/16, 4:32 PM

Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James Chrisley Subject: Re: Using Henderson Airport for Scheduled Air Service I Boutique Air

Mr. Detmer, That sounds good--we will plan on that time in that case. l did receive the conference call information so we'll look forward to speaking with you then. Best, Shawn

On Man, Dec 14, 2015 at 4:26PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

### Mr. Simpson,

I checked the calendar and itlooks like Thursday, December 17111 

### at IO:OO AM (PST) will work bestfor us. l can set up a conference call-in line and send you the appointment information.

Thankyou, https://mail.google.comjmail/u/O/?ui=2&ik=03c2fb80af&view=pt&q=

...ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 3 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com 1\VWW.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

### Sent: Monday, December 14, 2015 1:30PM To: Phillip Detmer 1/28/16, 4:32PM

Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James Chrisley Subject: Re·: Using Henderson Airport for Scheduled Air Service I Boutique Air

Dear Mr. Detmer, Thank you forwriting and I hope you are enjoying the holiday season. We would appreciate the opportunity to discuss how the review ofyour policy has been going. Probably it would be the easiest and soonest to start with a conference call, and perhaps we could meet atthe airport at a subsequent time.

Here are a few times thatwork for us: Tomorrow, Tuesday the 14th at 9:30am or2pm PST Wednesday, the 15th at 1pm or 3:30pm PST Thursday at 1Dam PST. Please let

# us know which time works foryou. If none are good please let us know some times that are. Thank you.
https:{jmail.google.com{mail/u/O/?ui==2&ik=D3c2fb8Daf&view==pt&q==

...ml"'1526b603045f0f4a&siml"'1527820633a3f104&siml=1527ffba988978ea Page 4 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1{28/16, 4:32PM
Best, Shawn

On Fri, Dec 11,2015 at 3:44PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

### Hello Mr. Simpson,

l hope your.Thanksgiving holiday was good. We wanted to circle back around with you and provide an update on our review ofthe Airport Operating Directives and policies. Do you have time next weekto meet orhave a conference call with us?



### Thankyou, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005, Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.corn lW\Vw.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Thursday, November 19, 2015 9:46AM To: Phillip Detmer Cc: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; mike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; Chris Jones Subject: Re: Using Henderson Airport for Scheduled Air Service 

### I Boutique Air

https:/{mail.google.com;mail/u/D/?ui=2&ik=D3c2fb8Daf&view=pt&q=

...ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 5 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures Mr. Detmer, Thank you for the update. We certainly appreciate your consideration. Indeed, the Thanksgiving holiday does tend to slow everything down.

We look forward to hearing ideas when you are ready to share. Best Regards, Shawn

On Wed, Nov 18,2015 at 3:25PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

### Mr. Simpson, 1/28/16,4:32 PM



### Thankyou for youremail. We are reviewing our Airport Operating Directives and policies to ensure that we are treating Boutique Air equitably. Because ofthe forthcoming holiday, it

### may take us a week ortwo to complete this review and we will be back in touch promptly.
Regards, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran lntemational Airport P.O. Box 11005,Las Vegas, NV 89111-1005 Office: (702) 261-4224 ICell: (702) 40l-6888 IFax: (702) 26!-5050 phillipd<!lmccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Monday, November 16, 2015 5:00PM To: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Phillip Detmer; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; rnike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline;
https:jjmail.google.comjmail/u/O/?ui"'2&ik=03c2fb80af&view=pt&q=
...ml=1526b603045f0f4a&simI=1527820633a3f104&siml=1527ffba988978ea Page 6 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures Chris Jones Subject: Re: Using Henderson Airport for Scheduled Air Service 

## I Boutique Air

Dear Mr. Detmer: Today I received the attached letterfrom you dated November 9th. Thank you foryour communication.

From our previous communications and conversations in June and July you are aware that we are operating scheduled service and have sold hundreds oftickets to fly passengers into McCarran underthe assumption that we would be using Atlantic Flight support (per the recommendation of McCarran). Iwill say again, we are simply interested in operating from Atlantic Aviation in a non-sterile capacity as we do from DFW, ABQ and OAK, among other airports. Since the McCarran Airport has communicated that this type of operation is not possible at McCarran we have been forced to fly our passengers to other nearby airports at the recommendation of McCarran Airport itself.

Your letter asks that we contact Darla Hook regarding an Operating Permit.

Dear Mz. Hook: As mentioned above, Phillip Detmer recommended we use alternate airports ifwe were going to come into the Vegas area non-sterile. We are doing this out of necessity due to the last minute decision change on the part of McCarran to allow us to use Atlantic.

Please consider this a request for an operating permit to use Henderson Airport for our operations given the fact that we have been rejected from McCarran for non-sterile operations. Ifthe McCarran Airport is instructing us to cease all aviation activities in Clark County please do communicate this to me immediately. I can be reached at this email address: shawn@boutiqueair.com and at 650-269-8850. We will need to communicate this to our passengers. I dowant to be clear that operating out of Henderson or any airport other than McCarran is not something we are doing by choice. We are already taking hits economically as a result of going unexpectedly needing to go into Henderson. We are doing this for our passengers.

Best Regards,
https://mail.goog\e.ct>m{mail/u/0/?ui=2&ik=O3c2fb80af&view=pt&q=
...ml=1526b603045f0f4a&siml=1527820633a3f104&sim1=1527ffba988978ea 1/28/16,4:32 PM

Page 7 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM Shawn p.s. If McCarran Airport has any communications that are even remotely lime sensitive such as the paper letter that you sent to my attention, I am requesting that you also email them to operations@boutiqueair.com so that we can communicate in a more efficient manner.

On Wed, Nov 11, 2015 at 3:34PM, Shawn Simpson <shawn@boutiqueair.com> wrote: Dear Mr. Daugherty, McCarran Airport instructed us to use an FBO for our scheduled operations in July. Justtwo weeks before service started (and afterwe had sold hundreds oftickets) they decided they they had been 'confused' and told us we could not operate anywhere at McCarran Airport in a non-sterile capacity. They suggested we use other nearby airports. We are quite upset about getting the run around from McCarran, and many ofour passengers are downright furious. This is not how federally funded airports are supposed to behave. It has come to my attention that you feel we need an operating permit from a Clark County entity. Since all ofour communications are needing to be documented for the record atthis point in light ofourtreatment and resulting damage to our brand and customers' experience, I am asking that you put in writing to us the documentthat you belive we need to operate in this sub-par manner (i.e. continuing to fly in and out of Henderson Airport). I want to make it clear that we are in no way wanting to operate in and out of Henderson, but are doing so to get our passengers to Las Vegas. We are committed to doing the right thing for the flying public that we serve. I will finally add that in the McCarran airline start up document which was provided to us by McCarran, it specifically states that an operating permit is optional and is not required. Please let us know how you would like to proceed as we do our best to deal with this unfortunate situation. Best, Shawn Simpson CEO Boutique Air

Shawn Simpson CEO Boutique Air

548 Market Street ste 73298 https://mail.google.comtmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=

...ml=1526b603045f0f4a&siml=1527820633a3f1 04&sim1=1527ffba988978ea Page 8 of 18Boutique Air

**Mail~** RE: Boutique Air- LAS Operational Policy and Procedures San Francisco, CA 94104 office: 415.449.0505 x243 fax: 415.738.7671 email: shawn@boutiqueair.com

Shawn Simpson CEO Boutique Air

548 Market Street ste 73298 San Francisco, CA94104 office: 415.449.0505 x6001 fax: 415.738.7671 email: shawn@boutiqueair.com

Shawn Simpson CEO Boutique Air

548 Market Street ste 73298 San Francisco, CA 94104 office: 415.449.0505 x6001 fax: 415.738.7671 email: shawn@boutiqueair.com

Shawn Simpson CEO https://mail.google.comtmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=

...ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea1/28/16,4:32 PM

Page 9 of 18Boutique Air Mail - R£: Boutique Air- LAS Operational Policy and Procedures Boutique Air

548 Market Street ste 73298 San Francisco, CA 94104 office: 415.449.0505 x6001 fax: 415.738.7671 email: shawn@boutiqueair.com

Shawn Simpson CEO Boutique Air

548 Market Street ste 73298 San Francisco, CA94104 office: 415.449.0505 x6001 fax: 415.738.7671 email: shawn@boutiqueair.com
4 attachments

**~** Revised Signatory Criteria - Final - 11-22-11_1.pdf 113K

**~** FINAL RATE SHEET FY16 Rates and Charges- Eff7-1-15.pdf 41K

**~** LAS Ops Directive Update- Operational Policy and Procedure (updated 1-6-16).pdf 1414K

**~** Airside Operating Directive 01-1-R003- Vehicle and Ground Support EquipmentOperations.pdf 126K 1/28/16, 4:32PM

Phillip Detmer <PhillipD@mccarran.com> Tue, Jan 12, 2016 at 9:23AM To: Shawn Simpson <shawn@boutiqueair.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>

https:/{mail.google.comjmail/u/0f?ui=2&ik=03c2fb80af&view=pt&q=
... 1=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 10 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

### Good morning Mr. Simpson,

I wanted follow up ou the email and information I sent you last week and see ifyou had any questions. We would like to reach an agreement with Boutique Air on one ofthe options we outlined. Can you provide your decision on.which option Boutique Air will chose to operate by Friday,January 15,2016?

Thankyou, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Phillip Detmer Sent: Wednesday, January 06, 2016 2:47 PM To: 'Shawn Simpson' Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; operations@boutiqueair.com Subject: RE: Boutique Air · lAS Operational Policy and Procedures [Quoted text hidden] 4 attachments**~** Revised Signatory Criteria- Final-11-22-11_1.pdf 113K**~** FINAL RATE SHEET FY16 Rates and Charges- Eff7-1-15.pdf 41K**~** LAS Ops Directive Update- Operational Policy and Procedure (updated 1-G

....pdf 1414K
https://mail.google.comjmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=

... l=1526b603045f0f4a&siml=1527820633a3f104&siml"'1527ffba988978ea Page 11 of 18Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures 

# f8 Airside Operating Directive 01-1-R003- Vehicle and Ground Support Equip
....pdf 126K 1/28/16, 4:32PM

Shawn Simpson <shawn@boutiqueair.com> Thu, Jan 14, 2016 at 7:27PM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> Dear Mr. Detmer, Thank you for providing further clarification on the options that we discussed on our conference call. It would indeed be extremely helpful to see with our own eyes the spaces and pathways thatwould be used by passengers and vehicles with the options that you are presenting at McCarran. Our primary interest remains the non-sterile option. Would it be possible for us to tourwith you in the late morning or early afternoon of Monday January 18th orTuesday January 19th? Best Regards, Shawn IQuoted text hidden] Phillip Detmer <PhillipD@mccarran.com> Fri, Jan 15, 2016 at 11:22 AM To: Shawn Simpson <shawn@boutiqueair.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Mary Frances Alonzo <maryfrancesa@mccarran.com> 

### Good morning Mt;. Simpson,

Thankyoufor your email. Monday happens to be a holiday for us, 

### so our offices are closed. Tuesday,January 19th 

### works though. I can prepare and send an appointmentfor Tuesday,January 19th 

### at II :00AM.

Let me know how many people inyour group will be attending and I can secure the visitorbadges and vehicle for the tour. We can meet at our offices in Terminal 1, 5111 

### Floor Business and Development,

### ifthat is okay.
Regards, 

### Phillip A. Detmer Aviation Affairs Manager

https://mail.google.com/mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=
...1=1526b603045f0f4a&sim1=1527820633a3f104&siml=1527ffba98897Sea Page 12 of 18Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures

McCarran International Airport P.O. Box ll005,Las Vegas, NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com Iwww.mccarran.com

From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Thursday, January 14, 2016 7:27PM To: Phillip Detmer Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; operations@boutiqueair.com Subject: Re: Boutique Air - LAS Operational Policy and Procedures jOuoted text hidden] 1/28/16, 4:32PM

Shawn Simpson <shawn@boutiqueair.com> Fri, Jan 15,2016 at 12:05 PM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Mary Frances Alonzo <maryfrancesa@mccarran.com> Good Afternoon Mr. Detmer, Sounds good. We will look forward to meeting you at Terminal1, 5th Floor. There will be a total offour of us from Boutique Air. Thank you and have a good weekend. Best, Shawn [Quoted text hidden] Shawn Simpson <shawn@boutiqueair.com> Tue, Jan 19, 2016 at 6:50PM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> Phillip, Thank you very much for the tour today. It was extremely helpful to me and my staff. I believe the non-sterile option we reviewed today would work. We can certainly try it. The only thing holding us back (as mentioned) is the disproportionate fees which substantially penalize a small aircraft such as ours. https://mail.google.comjmail/u/O/?ui=2&ik=03c2fb80af&view=pt&q=

... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 13 of 18Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM Given that our brand (and customers) continue to be distressed by the current situation, we would very much like to get it resolved in within a few days. Please do let us know what can be done. We can certainly appeal to the FAA ifyou feel there is nothing that can be done. Thanks again, Shawn [Quoted text hidden] Phillip Detmer<PhillipD@mccarran.com> Fri. Jan 22, 2016 at 2:06 PM To: Shawn Simpson <shawn@boutiqueair.com> Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" <operations@poutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com>



### Good afternoon Shawn,

Thankyou againfor visiting this week and taking a tour ofthe Airport. 

### Ifthe non-sterile option is the path you want to go,then we are happy to help get you started. When operating from McCarran International Airport, Airlines have the option to sign an operating permitwith the Department ofAviation (DOA) or operate under the Clark County Code (Title 20 Airports).

Ifyour company chooses to operate underTitle 20,then you will first need to contact one ofthe approved ground handlers to act as your agent. The ground handler should be knowledgeable about the processes and procedures in place and will assist with your start-up. Swissport USA is a good option for service providers at Terminal 

### 3. A list ofall the approved service providers is also available at the following link: https://www.mccarran.com/doingbusiness/aviation.aspx
Badgingfor anyone that will be working atthe Airport will need to be sponsored by the ground handling company you choose and any vehicle you own and wish to operate atthe Airport will need a SIDA access decal (see attached information), when operating on the AOA. I think a start date will depend on when yon can select a ground handler.

There is nothing thatcan be done aboutthe current rates and fees, as these rates have already been reviewed and 

### approved by the Airline Airport Affairs Committee (AAAC) and ourClark County Board ofCommissioners. All Airlines operating at McCarran are required to pay the currentrates and fees listed underTitle 20 ofthe ClarkCounty Code. The nextAAAC meeting will be held sometime in April/May, but any changes to the rates will not be effective until July 1, 2016. So,you will need to decide 

### ifthis will be an issue for your start-up at LAS.

You have previously stated that yourcurrentoperation from the Henderson Executive Airport is not an ideal
https:f/mail.goog_le.com/mail/u/O/?ui=2&ik=03c2fb80af&view=pt&q=

...l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 14 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28{16, 4:32PM 

### situation and we agree. The terminal building at Henderson Executive Airport is not really set-up ormeautto handleyour type ofcommuter operation, especially since Boutique Air does notlease any space. IfBoutique Air is going to coutinue to operate atthe Henderson Executive Airport,then we are going to need Boutique Air to lease sufficient space for its commuter operation. Sufficient space means: Adequate covered seating and shelterfor passengers, employees,and crew; Readily accessible restroom facilities,for use by passengers and crew priorto boarding and after deplaning, andfor use by employees during working hours; Adequate hangar space for use by the commuter operator's aircraft; Adequate office space for use by the commuter operator in processing and ticketing passengers and luggage, and maintaining records; and Any other physical space requirement setforth by the Director as necessary for the safe and efficient operation ofthe Airport.

Please review the options again aud let us know what direction you wish to take. We will assistyou with any of the option choices. ffyou need information on available hangar/office space atHenderson Executive Airport, we can putyou in touch with the properpeople. Can you let us know before the end ofnext week?

Thankyou, 

### Phillip A. Detmer Aviation Affairs Manager

McCarran International Airport P.O. Box 11005,LasVegas,NV 89!11-1005 

### Office: (702) 261-4224 ICell: (702) 401-68881 Fax: (702) 261-5050 phil!ipd@;mccarran.clm1! \V\\'W.rnccarran,com



### From: Shawn Simpson [mailto:shawn@boutiqueair.com] Sent: Tuesday, January 19, 2016 6:50PM To: Phillip Detmer
https:{/mail.google.com/mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q=

... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 15 of 18Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM Cc: Ben Czyzewski; Chris Jones; James Chrisley; Michael Bennett; operations@boutiqueair.com; Dennis Anderson; Scott Kichline [Quoted text hidden] [Quoted text hidden] 3 attachments

**~** Airside Operating Directive 01-1-R003- Vehicle and Ground Support Equip
....pdf 126K

**~** FINAL RATE SHEET FY16 Rates and Charges- Eff 7-1-15.pdf 41K
.

**~** LAS Ops Directive Update- Operational Policy and Procedure (updated 1-G

....pdf 1414K
Shawn Simpson <shawn@boutiqueair.com> Mon, Jan 25, 2016 at 1:32 AM To: Phillip Detmer <PhillipD@mccarran.com> Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> Phil, Ok--thanks for the info. All very helpful to know. So as much as we would like to be able to start operations, paying the same turn fee as a 737 simply does not work economically. While it would be nice ifwe could wait several months to see howthe meetings go, our brand is experiencing real damage, as is our operation. Our passengers are suffering from this situation. We simply can not wait. I have a few-suggestions: 1) allow us to operate from the FBO until the proportionate pricing matter can be resolved 2) have an emergency meeting to come up with proportionate pricing 3) waive the turn fees for us as a one time anomaly given the size ofour aircraft and in recognition that it is simply not fair to charge us the same fee as a 737. Our aircraft has 8 seats for passengers, versus 169-189 passengers for a modern 737. This is between 21 and 23.6 times more expensive for us than competitors per seat. As I know you have already discussed this internally and there has been no progress made on the subject, I'll go ahead and discuss with the FAA to see what they have to say. Like I said, I wish we could hang out and wait, but this situation has already gone on much much longerthan wewould have liked and we can not afford the ongoing strains it is putting on our small operation. Ifyou believe that you might be able to swing any ofthe above suggestions I made please do let us know. Best, Shawn

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### On Tne,Feb 2,2016 at 11:31AM,Phillip Detmer<PhillipD@mccarran.com> wrote: Hello Shawn, I appreciate your desire to come to a resolution. We wantto work with you and we are hoping to reach a mutual agreement with BoutiqueAir to operate at LasVegas through one ofthe options we provided. Unfortunately, we are not able to resolve your concerns with the existing pricing to operate at McCarranAirport. These are the rates that have been reviewed and approved by the Airline-AirportAffairs Committee (AAAC) and our Clark County Board ofCommissioners. These rates are posted in Title 20 ofthe Clark County Code. All airlines that operate at McCarran currently pay these same rates, even the other small aircraftthathave operated here in the past. We can allow you to continue to operate from one ofthe General Aviation Airports (Henderson ExecutiveAirport or North Las Vegas Airport). However, BoutiqueAirwill need to lease sufficient space for your operation, which means adequate hangar and office space,to process and ticket passengers and adequate facilities (seating, shelter, restrooms, etc.) for your passengers and employees. To date, BoutiqueAirhas not been leasing any space in the HND terminal building, which is not set-up to handle your type ofoperation and is having an impact on the current facility and staff. In orderto address your proportionate pricing concerns, you will have to discuss that with the AAACmembers attheir next meeting inApril2016. I would be happy to send you the information on the AAAC meeting, once a date has been finalized. It's notthe answer you wanted regarding the pricing,but we were able to provide you with options for operating sterile or non-sterile. Please review the options again and let us know which option you choose to operate. Thankyou, PhillipA. Detmer AviationAffairs Manager McCarran InternationalAirport P.O. Box 11005,LasVegas,NV 89111-1005 Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 phillipd@mccarran.com I

### www.mccarran.com On

### Tne,Feb 2,2016 at 12:57 PM,Shawn Simpson <shawn@boutiqueair.com> wrote: Hi Phil, I appreciate McCarran putting forward the options ofNorth Las Vegas and Henderson. The main problem with nsing those airports is that:

### 1)A substantial number ofpeople learn about our service by searching on Kayak, Expedia, and other online websites. Because these are GA airports they are not known for flying and therefore people can not find our flights. Our business model relies on McCarran being a known place where passengers can get scheduled air service. Ifwe do not fly from McCarran, our passenger loads drop offto the pointwhere the service is not economically viable. 2) While many ofour passengers wantto simply visit Las Vegas, some proportion ofthem do get on other flights to other locations. This is notpossible at either North Las Vegas orHenderson. 3) Most ofourpassengers wantto get to the Strip in Las Vegas and McCarran is clearly the closest. It

### would, ofcourse,be acceptable to us to fly into an FBO at McCarran, but I understand thatthis IS 

### on an option that is on the table. Ifthat changes, please letus know. I believe the FAA is interested in having this pricing issue at McCarran resolved sooner rather than later. This is whatthey have indicated to me at least. I would certainly be happy ifthere were something that couldbe worked outthat was fair in the interim, such as paying by the weight ofour aircraft or by the seats for the nextfew months until the meeting took place. Or, as I said, operating from a McCarran FBO. We don't have a problem renting space at McCarran,butto rent space at an airport thatis not economically tenable for us (i.e. North LasVegas or Henderson) seems like a step in the wrong direction. We arejust barely hanging on right now and upsetting a lot ofpassenger in the process. The other option is to stop our service entirely, butunderthis scenario, the city ofMerced risks losing it's air service entirely, which ithas fought hard to maintain. Best, Shawn

# BoutiqueAir & 

# FAA Full Documented CorrespondenceOn Mon, Nov 16, 2015 at 4:06PM, <Anthony.Garcia@faa.gov>wrote: Shawn Simpson On October 30, 2015, you contacted the Mike Williams, Manager, Phoenix Airport District Office, regarding your allegation that Clark County was unreasonably denying access to Boutique Air at McCarran International Airport. In response, Robert Lee, Airports Compliance Specialist, at the San Francisco Airports District Office, contacted you to solicit information regarding your complaint with Clark County. He explained that he needed information to understand in what manner Clark County was not meeting its obligations under Grant Assurance 22 to make the airport available on reasonable terms and without unjust discrimination. On November 6th, you sent your complaint to Michael Huerta, FAAAdministrator, restating your complaint against Clark County. We wish to advise you that the Western-Pacific Region is still conducting an inquiry into your complaint, which is not yet complete. As part ofthe process, we have to provide Clark County with due process to determine whether or not the County's policy is reasonable and/or justly discriminatory. Toward this end, we shall be contacting the County to ask for an explanation of its policy and its application to the various aviation users of LAS, including Boutique Air. Robert Lee is presently out of the office until November 23rd. Nevertheless, you may continue to communicate with Robert Lee who, along with Mike Williams, have jurisdiction for Clark County airports. In the meantime, I shall pursue the inquiry in order to continue gathering information.



### ---- @--('_')--®---- Tony Garcia FAAAirports Division Western-Pacific Region Los Angeles CA



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### ol\o On Tuesday, Nov 17,2015 at 12:25 AM, Shawn Simpson <shawn@boutigueair.com> wrote: Mr. Garcia, Thank you for reaching out. Ithink you have most of the facts ofthe case correct. I'll clarify a few things, however. In light of the feedback that I have received from Mr. Robert Lee, Ifeel that I should convey to you the he relayed to me that he has zero experience in formal complaintsregarding airports. Furthermore, he happened to mention to me that he did not see any reason why we would have.a case of discrimination. As you might imagine, that was a rather disheartening thing to hear from the person with whom I was supposed to be communicating. I can assure you that I have support from staff atthe DOT and in light of some of the responses that I have received from Mr. Lee, it seems that a broader approach of communications is necessary for us to make progress here. I'm not sure how much you know about Boutique Air, but we are a small community service oriented airline. We are being denied access by a relative Goliath to ourselves. While McCarran is completely unaffected by our rejection, Boutique on the other hand is suffering from customer confusion, increased expenses, increased staffing, and the necessary purchase of a vehicle that we did not anticipate buying to deal with the mayhem caused by McCarran's actions. Furthermore, this decision by McCarran threatens the entire air service for the city of Merced dueto certain financial ratios of passengers that may not be met as a result of this action. Finally, the decision completely derails the possibility that non-TSA cities such as Gallup, Silver City, Los Alamos, and for the moment Moab, could ever fly into McCarran. I certainly do not mean to stand in the way of any investigation that you are conducting or would like to conduct, although I will saythat in my opinion, there is not much of an investigation to execute as there really is only one real question, which is: Does McCarran have the right to deny non-sterile service to a commuter airline such as ours. None of the other 15 airports where we operate have any problem with our operation regardless of if it is sterile or non-sterile. This includes DFW and ABQ where we operate completely non-sterile. Why McCarran feels they have the right to discriminate in this way is beyond me. Nevertheless, the question is: do they have the right to deny us the use of their runways despite the fact that our passengers pay for those runways the same as any other passengers do? This is the question that must be answered. In my opinion, the historical facts of the case are nearly irrelevant. The only issue is do they have this right to reject our company and our passengers despite the fact that we are operating a safe and legal operation. All the past emails don't really matter compared to this one single question. Respectfully,Shawn Simpson CEO Boutique Air On Tue, Nov 17, 2015 at 10:27AM, <Anthony.Garcia@faa.gov>wrote: Shawn Simpson We are looking into this matterto gather information regarding the airport specific circumstances that exist and howthey are being applied to the specific type of operation that Boutique Air is conducting. In light of the details that are relevant to the relationship between airport rules and Boutique Air's operating needs, your question, "Does McCarran have the right to deny nonsterile service to a commuter airline such as ours?" will be determined. Our inquiry will determine whether or not LAS rules are reasonable and may be reasonably applied to both large and small air carriers. _!_

---- @--('_')-- @---- Tony Garcia FAAAirports Division Western-Pacific Region Los Angeles CA



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_ \_(*)_/_ o!\o On Tue, Nov 17, 2015 at 11:16 AM, Shawn Simpson <shawn@boutiqueair.com>wrote: Thank you. For reference I will put it a different way. If DFW and ABO had the same policy of discrimination against us that McCarran did, then our company would be half the size it is. https://www.boutiqueair.com/p/schedule The city of Merced may lose it's air service forever because of this decision. We are the last chance for the community of Merced. I can provide more details on that should you be interested. I appreciate your attention to this matter. Best, Shawn On Tuesday, Dec 17, 2015 at 12:22 PM, Shawn Simpson <Shawn@boutiqueair.com> wrote: Dear Mr. Garcia, After all of our emails, we have not heard anything from you or anyone at the FAA.Several weeks ago we heard from McCarran that they were going to review their policies. Only today did they make time to speak with us. Ifeel that it would be appropriate to get an update from you regarding this matter since we have heard nothing from you. Our operation continues to suffer from brand damages as well as serious financial hardship as a result of the behavior of the McCarran airport to this very day. This has been going on for about seven weeks now. Is there anything you would like to communicate to me right now, because Ifeel like my company has very much been left out in the cold with not single email nor letter nor phone call from the FAA to us in this matter during the past 30 days. All the while, we continue to suffer.
Best Regards, Shawn On Tuesday, Jan 

### 26, 2016 at 1:50PM, Shawn Simpson <shawn@boutiqueair.com>wrote: GoodAfternoon, I know that Phil has emailed you his recent communication, which is good. Iwill now sayjust a few things
... 1) Phil Detmer of the McCarran Airport has been friendly and helpful and professional with us in terms of showing us the airport last week. 2) That said, McCarran wants to charge us the same rate as a 737 'narrow body' jet with 160-180 seats for a turn. This is not economically proportionate or feasible for us with our 8 passenger aircraft. Specifically the amount they want to charge us per turn is: $462.50. Same as a 737. If we have 50% load factor of 4 passengers each paying $100, our total revenue for a flight might only be $400, not even covering the turn cost, not to mention our pilots, fuel, maintenance, customer service agents, and the purchase of our airplanes. One of the reasons that AlP grant assurances exist is to protect small carriers from being shut out and being treated unfairly. That is exactly what we are facing here. The airport is claiming this is not up to them, but ultimately, it's their airport. Please note below in myforwarded email what I have suggested to them. 3) While we are discussing this, our brand image, our passenger experience, our revenues, and our operation itself continue to be damaged.We pretty much need an *immediate' solution here, not waiting around weeks or months while there are ongoing 'working thing out discussions'. This has been going on since *November 3rd*. This type of unfair behavior is putting our entire business at risk because our business is small and we do not have a lot of room for error in running a small airline. It is very hard. I am asking very specifically that the FAA mandates McCarran to come up with an economicallyfair solution for us in McCarran immediately. I look forward to action and a response from the FAA immediately because we simply can not go on like this.
Best Regards, Shawn p.s. My most recent email to McCarran below. Please read.

---------- Forwarded message ---------- From: Shawn Simpson <shawn@boutiqueair.com> Date: Mon, Jan 25, 2016 at 1:32AM Subject: Re: Boutique Air- LAS Operational Policy and Procedures To: Phillip Detmer <PhillipD@mccarran.com> Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, DennisAnderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> Phil, Ok--thanks for the info. All very helpful to know. So as much as we would like to be able to start operations, paying the same turn fee as a 737 simply does not work economically. While it would be nice if we could wait several months to see howthe meetings go, our brand is experiencing real damage, as is our operation. Our passengers are suffering from this situation. We simply can not wait. I have a few suggestions: 1) allow us to operate from the FBO until the proportionate pricing matter can be resolved 2) have an emergency meeting to come up with proportionate pricing3) waive the turn fees for us as a one time anomaly given the size of our aircraft and in recognition that it is simply not fair to charge us the same fee as a 737. Our aircraft has 8 seats for passengers, versus 169-189 passengers for a modern 737. This is between 21 and 23.6 times more expensive for us than competitors per seat. As I know you have already discussed this internally and there has been no progress made on the subject, I'll go ahead and discuss with the FAA to see what they have to say. Like I said, I wish we could hang out and wait, but this situation has already gone on much much longer than we would have liked and we can not afford the ongoing strains it is putting on our small operation. If you believe that you might be able to swing any of the above suggestions I made please do let us know. Best, Shawn On Wednesday, Jan 27, 2016 at 1:50PM,Anthony Garcia <anthony.garcia@faa.gov> wrote: Shawn Simpson I appreciate your reply and disclosure of the challenges a small air carrier faces while trying to operate at a large hub airport. Perhaps the circumstances at LAS increase the challenges if the airport does not have facilities and standards that easily accommodate small commercial operators. Iwould like to clarify one expectation disclosed in your e-mail below. It is your expectation that the "FAA mandates McCarran to come up with an economicallyfair solution for us in McCarran immediately." Realistically, the FAA does not mandate because it does not have the authority to mandate. As a result, the FAA does not impose policy, standards, or rates at airports. Rather, when called upon, the FAA will evaluate whether or not airport policy, standards, or rates are reasonable and/orjustly discriminatory. 

### If a determination is made that airport policy, standards, or rates are unreasonable or unjustly discriminatory, the FAA will work to persuade the airport sponsor to change was is considered non-compliant. This process is not accomplished in short order. It often takes time to work through the disparate views of each party and standard ways of doing things at an airport. The process is prolonged when the airport sponsor is not convinced that change is needed. If an airport sponsor does not respond to informal resolution attempts, the impasse may have to be handled under formal complaint procedures. Clark County has an obligation to make LAS available for all types and classes of aeronautical activities based on reasonable terms and without unjust discrimination. This would include Boutique Air.It appears that LAS does not have flexible facilities, rates, and standards to easily accommodate a small air carrier within a non-sterile area. Within this constrained environment, you are trying to negotiate for space and fees that fit the operational needs of Boutique Air. The FAA is trying to ensure that Boutique Air is "reasonably" accommodated at LAS or another Clark County airport. This effort may require flexibility by both Clark County and Boutique Air. Each may have to adjust in some way to accommodate the other. The FAA's role is to determine if this can be done within the context of reasonable terms and conditions. We shall continue to work to persuade the County to provide Boutique Air with reasonable accommodations and charges, and also to provide you with an explanation when your expectations do not appear reasonable. Unfortunately, this process may take time, especially if accommodating Boutique Air requires that Clark County alter established policy, standards, or rates.

----@--('_')-- @---- Tony Garcia FAAAirports Division Western-Pacific Region LosAngeles CA



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### On Wednesday, Jan 27,2016 at 4:17PM, Anthony Garcia <anthony.garcia@faa.gov> wrote: Shawn Simpson In regards to your negotiations with Phil Detmer, you made several suggestions to Mr. Detmer to deviate from Clark County's prescribed standards at LAS. I would like to know if the County has expressed anyflexibility in adapting its standards to meet Boutique Air's operating needs. I shall be asking Mr. Detmer if there are areas where the County can be flexible, if even on a provisional basis. Perhaps revisions can be considered that can better meet the needs of small air carriers, such as Boutique Air. What concerns me about your negotiations is the possibility that any proposed changes in LAS standards could take a long time to implement because large organizations do not generally change established policies quickly. Although the FAA can propose reasonable changes to the way airports do things, there is no assurance that new policies can be implemented quickly. _!_---- @--('_')--@
---- Tony Garcia FAAAirports Division Western-Pacific Region Los Angeles CA



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__ _**-'~(*)~1-** o/\o On Thursday, Jan 28, 2016 at 12:34 AM Shawn Simpson <shawn@boutiqueair.com> wrote: Mr. Anthony Garcia, You are correct, in the spirit of trying to work out a solution, I made a number of possible suggestions to him that would, in my opinion be workable solutions to this situation, which is bad for Boutique Air for so many reasons. The McCarran Airport has not made any gestures suggesting that they are able to do anything for us to find an economically reasonable solution to the unfair manner in which they want to charge us. As I stated in my letter to them a couple months ago--Steve Wynn could land his private jet five times a day at Atlantic or Signature FBO at McCarran and they would not say anything about it. We on the other hand are not allowed to do so, which does not make any sense to me since we do exactly this at Dallas Fort Worth Airport. DFW is no better setup for small carriers than McCarran is
... the difference is that they want to make it work for us. McCarran, unfortunately, doesn't seem to want to find a solution. If they did, they simply would. Why they seem to be so stubborn about this I don't know. Our all in fees at DFW are about $8,000 for a month for 5 landings per day. Contrast this with the $55,500 per month that we would have to pay McCarran to have only 4 landings per day and you can see the inequity. In fact it would be even higher than that because here I am only talking about the turn fee of $462.50 they want to charge us, and not the landing fees or passenger fees. Here is my math: 

### »>$462.50 * 4 landings* 30 days: $55,500.0 Assuming we have a 50% load factor in our planes (i.e. 4 out of 8 seats are filled), which is our typical load factor, McCarran wants to charge us $115 per passenger to land. That is absolutely discriminatory, any way you look at it. Again, this is nothing againstthe people specifically at the airport, but they are just not trying to find a viable solution for us. Best, ShawnOn Sat,Jan 30,2016at 2:14PM,Anthony Garcia <anthony.garcia@faa.gov> wrote:
Shawn Simpson Thank youfor the feedback. I amattempting to strategize with some otherFAA officials to determine ifcollectively we can movethe negotiations forward a little more quickly.

----@--('_')--®---- Tony Garcia FAAAirports Division Western-Pacific Region LosAngeles CA

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